Flying Horse v. Hansen et al
Flying Horse and Joseph R. Flying Horse |
Hansen, James Hansen, Doug Clark, Krista Bast, Seth Hughes, Darin Young, Denny Kaemingk, Miranda Ward, Riley DeGroot, Troy Ponto, Darik Beiber, Val McGovern, Stacy Cole, Kayla Stucky, Ashley McDonald, Pennington County, South Dakota Department of Corrections, South Dakota Board of Pardons and Paroles, Mark Smith, Jennifer Argueta, Mary Burggraaf, Cathy Solma, Kay Nikolas, Kenneth Albers, Paige Wilbur Bock, Reverend Patricia White Horse-Cards, Tim Gross, JC Smith, Amber Stevens, DA Fitzhugh, Melissa Maturan, Hunter Summers and Scott A. Roetzel |
4:2016cv04119 |
August 22, 2016 |
US District Court for the District of South Dakota |
Southern Division Office |
Minnehaha |
Karen E Schreier |
Prisoner Petitions - Civil Rights |
42 U.S.C. § 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on August 1, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 239 JUDGMENT in favor of Fitzhugh, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Ashley McDonald, Cathy Solma, Darik Beiber, Darin Young, Denny Kaemingk, Doug Clark, Hunter Summers, JC Smith, James Hansen, Jennifer Argueta, Kay Nikolas, Kayla Stucky, Kenneth Albers, Krista Bast, Mark Smith, Mary Burggraaf, Melissa Maturan, Miranda Ward, Paige Wilbur Bock, Patricia White Horse-Cards, Riley DeGroot, Seth Hughes, Stacy Cole, Tim Gross, Troy Ponto, Val McGovern against Joseph R. Flying Horse. Signed by U.S. District Judge Karen E. Schreier on 8/1/2019. (CLR) |
Filing 238 ORDER granting #152 Motion for Summary Judgment; denying as moot #158 Motion for Stay and Abeyance; denying as moot #193 Motion to Modify Scheduling Order; denying #195 Motion to Join Additional Defendants; denying #197 Motion to Certify for Class Action; denying as moot #203 Motion for Order Permitting Plaintiff to File Rebuttal; denying as moot #215 Motion for Order Directing Clerk of Court to Provide Periodic Copies of Updated Docket Sheet. Signed by U.S. District Judge Karen E. Schreier on 8/1/2019. (CLR) |
Filing 237 ORDER granting #235 Motion to Electronically File Documents in CM/ECF. The Clerks Office shall arrange to train the pro se filer on how to e-file documents and issue the pro se filer a CM/ECF login and password after the training is completed. The ability of the pro se filer to e-file documents may be revoked anytime the Court deems it justified. Signed by U.S. District Judge Karen E. Schreier on June 3, 2019. (DLC) |
Filing 236 NOTICE of Change of Address by Joseph R. Flying Horse (DLC) |
Filing 235 MOTION to Electronically File Documents. Pro se party Joseph R. Flying Horse will now receive electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (DLC) |
Filing 234 NOTICE OF REQUEST by Joseph R. Flying Horse. (DLC) |
Filing 233 REQUEST For Judicial Notice by Plaintiff Joseph R. Flying Horse (DLC) |
Filing 232 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (DLC) |
Filing 231 NOTICE of Submissions and Filings by Joseph R. Flying Horse. (DLC) |
Filing 230 NOTICE of Collateral Proceedings by Joseph R. Flying Horse. (Attachments: #1 Attachment)(DLC) |
Filing 229 REPLY to Motion Response re #203 MOTION for Order Permitting Plaintiff to file Rebuttal filed by Joseph R. Flying Horse. (DLC) |
Filing 228 REPLY to Motion Response re #197 MOTION to Certify for Class Action filed by Joseph R. Flying Horse. (Attachments: #1 Attachments) (DLC) |
Filing 227 REPLY to Motion Response re #195 MOTION to Join Additional Parties filed by Joseph R. Flying Horse. (DLC) |
Filing 226 REPLY to Motion Response re #193 MOTION to Modify Scheduling Order(s) filed by Joseph R. Flying Horse. (DLC) |
Filing 225 NOTICE of Appearance and Change of Address by Joseph R. Flying Horse (DLC) |
Filing 224 ORDER granting #223 Motion to Extend. The Court will accept a reply filed by Flying Horse on or before April 12, 2019. Signed by U.S. District Judge Karen E. Schreier on March 15, 2019. Copy sent to Joseph R. Flying Horse via U.S. Postal Service (DLC) |
Filing 223 MOTION for Extension of Time to File Formal Replies to Doc. 210-213 by Joseph R. Flying Horse. (DLC) |
Filing 222 ORDER granting #220 Motion to Extend. Signed by U.S. District Judge Karen E. Schreier on February 11, 2019. (DLC) (Copy sent to Joseph R. Flying Horse on 2/11/2019) (DLC). |
Filing 221 NOTICE of Motion re: #220 Motion for Extension of time to File Replies to Docs 210-213 by Joseph R. Flying Horse. (DLC) |
Filing 220 MOTION for Extension of Time to File Replies to Docs 210-213 by Joseph R. Flying Horse. (Attachments: #1 Exhibit) (DLC) |
Filing 219 CERTIFICATE OF SERVICE by Joseph R. Flying Horse re #217 Declaration, #215 MOTION Order Directing the Clerk of this Court to Provide Plaintiff with Periodical Copies of UPdated Docket Sheet, #216 Memorandum in Support of Motion, #218 Declaration, #214 Notice (SKK) |
Filing 218 DECLARATION of David Kress. (SKK) |
Filing 217 DECLARATION of Andrew Knode. (Attachments: #1 Attachment) (SKK) |
Filing 216 MEMORANDUM in Support re #215 MOTION for Order Directing the Clerk of this Court to Provide Plaintiff with Periodical Copies of Updated Docket Sheet filed by Joseph R. Flying Horse. (SKK) |
Filing 215 MOTION for Order Directing the Clerk of this Court to Provide Plaintiff with Periodical Copies of Updated Docket Sheet by Joseph R. Flying Horse. (Attachments: #1 Attachment - Letter from Clerk re: copies) (SKK) |
Filing 214 NOTICE OF MOTION by Joseph R. Flying Horse. (SKK) |
Filing 213 RESPONSE to Motion re #203 MOTION for Leave to for Order Permitting Plaintiff to file Rebuttal filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Attachments: #1 Attachment 1 -Atuahene v. S. Dakota State Univ., 2009 WL 1586952 (D.S.D. June 4, 2009)) (Tronvold, Jeffery) |
Filing 212 RESPONSE to #197 Motion for Miscellaneous Relief filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 211 RESPONSE to Motion re #195 MOTION to Join Additional Parties filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 210 RESPONSE to Motion re #193 MOTION to Modify Scheduling Order(s) filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 209 JUDGMENT in favor of Pennington County, Scott A. Roetzel against Joseph R. Flying Horse., Pennington County (Respondeat Superior, for Pennington County State's Attorney Office) and Scott A. Roetzel (in his official capacity) terminated. Signed by U.S. District Judge Karen E. Schreier on January 22, 2019. (Copy sent to Joseph R. Flying Horse via US Postal Service on 01/23/19) (DLC) |
Filing 208 ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS AND DENYING VARIOUS MISCELLANEOUS MOTIONS denying #105 Motion for incorporation of 8th Cir. R. 25(b) ; denying #108 Motion for TRO; denying #116 Motion to Strike ; granting #137 Motion for Judgment on the Pleadings; denying #146 Motion to Strike. Signed by U.S. District Judge Karen E. Schreier on January 22, 2019. (Copy sent to Joseph R. Flying Horse via US Postal Service on 01/23/10) (DLC) Modified Docket Text on 1/23/2019 (DLC). |
Filing 207 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (DLC) |
Filing 206 NOTICE of Reduced Qualify of Prospective Filings by Joseph R. Flying Horse. (DLC) |
Filing 205 NOTICE of Motions by Joseph R. Flying Horse. (DLC) |
Filing 204 MEMORANDUM of Law in Support re #203 MOTION for Order Permitting Plaintiff to File Rebuttal filed by Joseph R. Flying Horse. (DLC) |
Filing 203 MOTION for Order Permitting Plaintiff to File Rebuttal by Joseph R. Flying Horse. (DLC) |
Filing 202 REPLY to #166 Defendants' Objection to Plaintiff's Motion for Abeyance filed by Joseph R. Flying Horse. (DLC) |
Filing 201 ORDER granting #190 Motion for Extension of Time to File Response to Defendants' Objection to Plaintiff's Motion for Abeyance; granting #190 Motion for Order Directing Court's Filing Information be Included on Mailed Documents. Signed by U.S. District Judge Karen E. Schreier on January 15, 2019. (DLC) Copy sent to Joseph R. Flying Horse on 1/15/2019 (DLC). |
Filing 200 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (Attachments: #1 Cover Letter (Enclosed a copy of the New Case Letter with highlighted paragraph regarding copies in response to the request in his Cover Letter)(DLC) |
Filing 199 MEMORANDUM of Law in Support of #197 MOTION to Certify for Class Action filed by Joseph R. Flying Horse. (DLC) |
Filing 198 NOTICE of Maintenance of Action by Joseph R. Flying Horse. (DLC) |
Filing 197 MOTION to Certify for Class Action by Joseph R. Flying Horse. (DLC) |
Filing 196 MEMORANDUM of Law in Support of #195 MOTION to Join Additional Plaintiffs filed by Joseph R. Flying Horse. (DLC) |
Filing 195 MOTION to Join Additional Plaintiffs by Joseph R. Flying Horse. (DLC) Modified Docket Text on 1/14/2019 (DLC). |
Filing 194 MEMORANDUM of Law in Support of #193 MOTION to Modify Scheduling Order(s) filed by Joseph R. Flying Horse. (DLC) |
Filing 193 MOTION to Modify Scheduling Order(s) by Joseph R. Flying Horse. (DLC) |
Filing 192 OFFER OF JUDGMENT by Plaintiff Joseph R. Flying Horse (Attachments: #1 Appendix to Offer, #2 Certificate of Service) (DLC) |
Filing 191 MEMORANDUM in Support of #190 MOTION for Extension of Time to File Response to Defendants' Objection to Plaintiff's Motion for Abeyance, and MOTION for Order Directing Court's Filing Information be Included on Mailed Documents filed by Joseph R. Flying Horse. (DLC) |
Filing 190 MOTION for Extension of Time to File Response to Defendants' Objection to Plaintiff's Motion for Abeyance, and MOTION for Order Directing Court's Filing Information be Included on Mailed Documents by Joseph R. Flying Horse. (Attachments: #1 supporting documents, #2 Certificate of Service) (DLC) |
Filing 189 MEMORANDUM IN SUPPORT OF #188 Declaration, #187 Declaration by Plaintiff Joseph R. Flying Horse (SKK) |
Filing 188 DECLARATION of Kenneth C. Hauge. (SKK) |
Filing 187 DECLARATION of Justin Brown. (SKK) |
Filing 186 NOTICE OF PROSPECTIVE FILINGS by Joseph R. Flying Horse. (Attachments: #1 Certificate of Service)(SKK) |
Filing 185 MEMORANDUM in Support re #152 MOTION for SUMMARY JUDGMENT filed by All Defendants. (Tronvold, Jeffery) Modified on 1/3/2019 (SLT). |
Filing 184 ORDER granting #183 Motion to Extend. Signed by U.S. District Judge Karen E. Schreier on 12/26/18. (SKK) |
Filing 183 MOTION for Extension of Time in Which to File a Reply Brief in Support of #152 MOTION for SUMMARY JUDGMENT by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) Modified on 12/27/2018 to add text (KLE). Modified on 1/3/2019 (SLT). |
Filing 182 AMENDED MEMORANDUM in Support re #152 MOTION for SUMMARY JUDGMENT filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) Modified on 12/20/2018 (KLE). Modified on 1/3/2019 (SLT). |
Filing 181 ORDER granting #180 Motion to Amend Clerical Error. Signed by U.S. District Judge Karen E. Schreier on December 19, 2018. (DLC) (Sent to Joseph R. Flying Horse via U.S. Postal Service) Modified Docket Text on 12/19/2018 (DLC). |
Filing 180 MOTION to Amend/Correct Clerical Error by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Attachments: #1 Attachment Amended Defendants' Memorandum in Support of Their Motion for Summary Judgment) (Tronvold, Jeffery) |
Filing 179 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (DLC) |
Filing 178 STATEMENT OF Undisputed MATERIAL FACTS by Plaintiff Joseph R. Flying Horse (DLC) |
Filing 177 RESPONSE to #165 Pennington County's Objection to Plaintiff's Motion for Stay and Abeyance filed by Joseph R. Flying Horse. (DLC) |
Filing 176 RESPONSE to #156 Statement of Undisputed Material Facts filed by Joseph R. Flying Horse. (DLC) |
Filing 175 REPLY to #151 Pennington County's Reply in Support of Motion for Judgment on the Pleadings filed by Joseph R. Flying Horse. (DLC) |
Filing 174 RESPONSE to Motion re #152 MOTION for SUMMARY JUDGMENT filed by Joseph R. Flying Horse. (DLC) Modified on 1/3/2019 (SLT). |
Filing 173 ORDER granting #170 Motion to Extend. Signed by U.S. District Judge Karen E. Schreier on December 17, 2018. (DLC) (cc: Joseph R. Flying Horse via US Postal Service) Modified Docket Text on 12/17/2018 (DLC). |
Filing 172 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (Attachments: #1 Cover Letter)(DLC) |
Filing 171 AFFIDAVIT of Joseph R. Flying Horse in support of #170 MOTION for Extension of Time (DLC) |
Filing 170 MOTION for Extension of Time by Joseph R. Flying Horse. (Attachments: #1 Attachment) (DLC) |
Filing 169 ORDER granting #167 Motion to Extend. Signed by U.S. District Judge Karen E. Schreier on 11/9/18. Sent copy to Joseph R. Flying Horse via USPS. (SKK) |
Filing 168 REPLY to Motion Response re #146 MOTION to Strike #137 MOTION for Judgment on the Pleadings filed by Joseph R. Flying Horse. (SAC) |
Filing 167 MOTION FOR EXTENSION OF TIME by Joseph R. Flying Horse. (Attachments: #1 Affidavit in Support of Motion) (SAC) |
Filing 166 OBJECTION by Defendants Kenneth Albers, Jennifer Argueta, Krista Bast, Darik Beiber, Mary Burggraaf, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, Cathy Solma, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young re #158 MOTION to Stay (Tronvold, Jeffery) |
NOTICE of Filing Error: #164 Objection,, was filed in error and should be disregarded. (Tronvold, Jeffery) |
Filing 165 OBJECTION by Defendant Pennington County re #158 MOTION to Stay (Mann, Rebecca) |
Filing 164 [FILED IN ERROR] OBJECTION by Defendants Kenneth Albers, Jennifer Argueta, Krista Bast, Darik Beiber, Mary Burggraaf, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, Cathy Solma, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young re #158 MOTION to Stay (Tronvold, Jeffery) Modified on 10/16/2018 to add text (KLE). |
Filing 163 ORDER granting #159 Motion to Extend. Signed by U.S. District Judge Karen E. Schreier on 10/2/18. (DJP) |
Filing 162 CERTIFICATE OF SERVICE by Joseph R. Flying Horse re #158 MOTION to Stay, #161 Affidavit in Support of Motion, #160 Memorandum in Support of Motion, #159 MOTION to Extend (SLW) |
Filing 161 AFFIDAVIT in Support re #158 MOTION to Stay, #159 MOTION to Extend filed by Joseph R. Flying Horse. (SLW) (Additional attachment(s) added on 10/1/2018: #1 Minnehaha County Motion to Dismiss Appeal) (SLW). |
Filing 160 MEMORANDUM in Support re #158 MOTION to Stay, #159 MOTION to Extend filed by Joseph R. Flying Horse. (SLW) |
Filing 159 MOTION for Extension of time to file responses by Joseph R. Flying Horse. (SLW) |
Filing 158 MOTION for Stay and Abeyance by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 9/27/18) (SLW) |
Filing 157 RESPONSE to Motion re #146 MOTION to Strike #137 MOTION for Judgment on the Pleadings filed by Pennington County. (Mann, Rebecca) |
Filing 156 STATEMENT OF UNDISPUTED MATERIAL FACTS re #152 Motion for Summary Judgment,, filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Attachments: #1 Attachment 1 - July 28, 2010 Judgment) (Tronvold, Jeffery) |
Filing 155 AFFIDAVIT of Catherine Schlimgen re #152 MOTION for SUMMARY JUDGMENT . (Attachments: #1 Attachment 1 - SD Board of Pardons & Paroles Parole Violation Hearing January 11, 2017, #2 Attachment 2 - Notice of Parole Hearing Results, #3 Attachment 3 - March 12 2017 Write Up, #4 Attachment 4 - June 2, 2017 write ups, #5 Attachment 5 - Sept 1 & 21 write ups) (Tronvold, Jeffery) Modified on 1/3/2019 (SLT). |
Filing 154 AFFIDAVIT of Melinda Johnson re #152 MOTION for SUMMARY JUDGMENT . (Tronvold, Jeffery) Modified on 1/3/2019 (SLT). |
Filing 153 MEMORANDUM in Support re #152 MOTION for SUMMARY JUDGMENT filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 152 MOTION for SUMMARY JUDGMENT by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, Cathy Solma, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 151 REPLY to #149 Response to Motion #137 for Judgment on the Pleadings filed by Pennington County. (Mann, Rebecca) Modified on 9/7/2018 to link to original motion (KLK). |
Filing 150 CERTIFICATE OF SERVICE by Joseph R. Flying Horse re #147 Memorandum in Support of Motion, #146 MOTION to Strike #137 MOTION for Judgment on the Pleadings , #148 Notice, #145 Notice, #149 Response to Motion (JLS) |
Filing 149 RESPONSE to Motion re #137 MOTION for Judgment on the Pleadings filed by Joseph R. Flying Horse. (JLS) |
Filing 148 NOTICE of Witnesses' Testimony by Joseph R. Flying Horse. (JLS) |
Filing 147 MEMORANDUM in Support re #146 MOTION to Strike #137 MOTION for Judgment on the Pleadings filed by Joseph R. Flying Horse. (JLS) |
Filing 146 MOTION to Strike #137 MOTION for Judgment on the Pleadings by Joseph R. Flying Horse. (JLS) |
Filing 145 NOTICE of Motion to Strike Defendants' Motion for Judgment on the Pleadings by Joseph R. Flying Horse. (Attachments: #1 cover letter dated 8-17-18, #2 Envelope postmarked 8-17-18)(JLS) |
Filing 144 ORDER granting #140 Motion to Extend Deadlines. Flying Horse must file a response to defendants' motion for judgment on the pleadings on or before August 17, 2018. Signed by U.S. District Judge Karen E. Schreier on 8/3/18. (DJP) |
Filing 143 CERTIFICATE OF SERVICE by Joseph R. Flying Horse re #142 Request, #140 MOTION to Extend Deadlines, #141 Affidavit in Support of Motion, #139 Notice of Appearance (JLS) |
Filing 142 REQUEST for Judicial Notice of PEPL by Plaintiff Joseph R. Flying Horse. (Attachments: #1 Exhibit 1 - SD DOC Policy 1.1.A.5 Lawsuits) (JLS) |
Filing 141 AFFIDAVIT in Support re #140 MOTION to Extend Deadlines filed by Joseph R. Flying Horse. (JLS) |
Filing 140 MOTION to Extend Deadlines by Joseph R. Flying Horse. (JLS) |
Filing 139 NOTICE of Appearance by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 7-30-18)(JLS) |
Filing 138 MEMORANDUM in Support re #137 MOTION for Judgment on the Pleadings filed by Pennington County. (Mann, Rebecca) |
Filing 137 MOTION for Judgment on the Pleadings by Pennington County. (Mann, Rebecca) |
Filing 136 ANSWER to Complaint with Jury Demand by Kenneth Albers, Jennifer Argueta, Krista Bast, Darik Beiber, Mary Burggraaf, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Pennington County, Troy Ponto, JC Smith, Mark Smith, Cathy Solma, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 135 ORDER granting #132 Motion to Stay Discovery. Signed by U.S. District Judge Karen E. Schreier on 6/26/18. (JLS) |
Filing 134 MANDATE from 8th Circuit COA issued in accordance with COA judgment and order of 5/30/18 as to #86 Notice of Appeal - Interlocutory, filed by Joseph R. Flying Horse, #18 Notice of Appeal, filed by Joseph R. Flying Horse. (TAL) |
Filing 133 MEMORANDUM in Support re #132 MOTION to Stay Discovery filed by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 132 MOTION to Stay Discovery by Kenneth Albers, Krista Bast, Darik Beiber, Doug Clark, Stacy Cole, Riley DeGroot, Fitzhugh, Tim Gross, James Hansen, Seth Hughes, Denny Kaemingk, Melissa Maturan, Ashley McDonald, Val McGovern, Kay Nikolas, Troy Ponto, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Miranda Ward, Patricia White Horse-Cards, Paige Wilbur Bock, Darin Young. (Tronvold, Jeffery) |
Filing 131 ORDER granting #98 Motion to Extend ; denying as moot #104 Motion Certification of Court Order for Interlocutory Appeal. Discovery due by 9/24/2018, Motions due by 10/29/2018. Signed by U.S. District Judge Karen E. Schreier on 6/8/2018. (JLS) |
Filing 130 JUDGMENT of USCA dismissing #86 Notice of Appeal - Interlocutory as moot as to Joseph R. Flying Horse. (SAC) |
Filing 129 OPINION of USCA dismissing #86 Notice of Appeal - Interlocutory as moot and denying Flying Horse's pending motion as to Joseph R. Flying Horse (Attachments: #1 Cover Letter). (SAC) |
Filing 128 SUMMONS Returned Executed by Joseph R. Flying Horse. Tim Gross served on 3/28/2018, answer due 4/18/2018. (JLS) |
Filing 127 ORDER granting #126 Motion for Extension of Time to Answer. Signed by U.S. District Judge Karen E. Schreier on 4/18/18. (SLW) |
Filing 126 MOTION for Extension of Time to File Answer by Kenneth Albers, Stacy Cole, Fitzhugh, Tim Gross, Melissa Maturan, Ashley McDonald, Kay Nikolas, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Patricia White Horse-Cards, Paige Wilbur Bock. (Tronvold, Jeffery) |
Filing 125 NOTICE of Appearance by Jeffery J. Tronvold on behalf of Kenneth Albers, Stacy Cole, Fitzhugh, Tim Gross, Melissa Maturan, Ashley McDonald, Kay Nikolas, JC Smith, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Amber Stevens, Kayla Stucky, Hunter Summers, Patricia White Horse-Cards, Paige Wilbur Bock. (Tronvold, Jeffery) |
Filing 124 SUMMONS Returned Executed by Joseph R. Flying Horse. Kenneth Albers served on 4/5/2018, answer due 4/26/2018; Stacy Cole served on 4/5/2018, answer due 4/26/2018; Fitzhugh served on 4/5/2018, answer due 4/26/2018; Melissa Maturan served on 4/5/2018, answer due 4/26/2018; Ashley McDonald served on 4/5/2018, answer due 4/26/2018; JC Smith served on 4/5/2018, answer due 4/26/2018; Mark Smith served on 4/5/2018, answer due 4/26/2018; South Dakota Board of Pardons and Paroles served on 4/5/2018, answer due 4/26/2018; South Dakota Department of Corrections served on 4/5/2018, answer due 4/26/2018; Amber Stevens served on 4/5/2018, answer due 4/26/2018; Kayla Stucky served on 4/5/2018, answer due 4/26/2018; Hunter Summers served on 4/5/2018, answer due 4/26/2018; Patricia White Horse-Cards served on 4/5/2018, answer due 4/26/2018; Paige Wilbur Bock served on 4/5/2018, answer due 4/26/2018. (DJP) |
Filing 123 Service LETTER regarding unserved Defendants sent by Clerk's Office to Joseph Flying Horse, enclosing USM 285 forms returned UNSERVED, additional blank USM 285 and Summons forms, and sample completed Summons and USM 285 form. (DJP) |
Filing 122 SUMMONS Returned Executed by Joseph R. Flying Horse. Kay Nikolas served on 3/30/2018, answer due 4/20/2018. (DJP) |
Filing 121 Summons Returned Unexecuted by Joseph R. Flying Horse as to Jennifer Argueta, Mary Burggraaf, Cathy Solma. (DJP) |
Filing 120 CERTIFICATE OF SERVICE by Joseph R. Flying Horse re #117 Reply, #116 MOTION to Strike #114 Affidavit, #113 Response, #119 Affidavit in Support of Motion, #118 Affidavit in Support (SRC) |
Filing 119 AFFIDAVIT of Marcus Ellis in Support re #108 MOTION for Temporary Restraining Order. (SRC) |
Filing 118 AFFIDAVIT of Plaintiff in Support re #117 Reply by Joseph R. Flying Horse. (SRC) |
Filing 117 REPLY to #113 Response filed by Joseph R. Flying Horse. (SRC) |
Filing 116 MOTION to Strike #114 Affidavit, #113 Response by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 3/30/2018)(SRC) |
Filing 115 SUPPLEMENTAL AFFIDAVIT in Support re #108 MOTION for Temporary Restraining Order filed by Joseph R. Flying Horse. (Attachments: #1 envelope (postmarked 3/19/18))(TAL) |
Filing 114 AFFIDAVIT of CATHERINE SCHLIMGEN re #113 Response . (Tronvold, Jeffery) |
Filing 113 RESPONSE to #108 Motion for TRO filed by Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young. (Tronvold, Jeffery) |
Filing 112 LETTER Received from Joseph Flying Horse to Clerk's Office. (SRC) |
Filing 111 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (SRC) |
Filing 110 REQUEST for Judicial Notice of Adjudicative Facts Concerning Substantive Rights Retained by Prisoners of Access to Courts by Plaintiff Joseph R. Flying Horse (SRC) |
Filing 109 AFFIDAVIT in Support re #108 MOTION for Temporary Restraining Order filed by Joseph R. Flying Horse. (SRC) (Additional attachment(s) added on 3/14/2018: #1 Attachment - Informal Resolution Request from South Dakota DOC) (SRC). (Main Document 109 replaced on 3/14/2018) (SRC). |
Filing 108 MOTION for Expedited Temporary Restraining Order by Joseph R. Flying Horse. (SRC) |
Filing 107 NOTICE of Motion for Temporary Restraining Order by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 3/12/2018)(SRC) |
Filing 106 REQUEST for Judicial Notice of Adjudicative Facts Concerning PLRA by Plaintiff Joseph R. Flying Horse (Attachments: #1 1.3.E.2 Administrative Remedy for Inmates, #2 envelope (postmarked 3/8/18)) (TAL) |
Filing 105 MOTION for Incorporation of 8th CIR. R. 25B by Joseph R. Flying Horse. (Attachments: #1 Informal Resolution Request, #2 Institution Reports, #3 Envelope postmarked 2-27-2018)(SLT) |
TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #105 MOTION for Incorporation of 8th CIR. R. 25B.. (SLT) |
Filing 104 MOTION for Certification of Court Order for Interlocutory Appeal by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 2-26-2018)(SLT) |
TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #100 Notice, #104 MOTION for Certification of Court Order for Interlocutory Appeal, #95 Order on Motion to Stay, #97 Summons Issued, #98 MOTION to Extend, #102 Answer to Complaint, #96 Summons Issued, #99 Request, #101 Certificate.. (SLT) |
Filing 103 (FILED IN ERROR) SCHEDULING ORDER: Discovery due by 6/14/2018 Motions due by 7/30/2018. Signed by U.S. District Judge Karen E. Schreier on 2/15/18. (DJP) Modified on 2/15/2018 (SLT). |
NOTICE of Filing Error: #103 Scheduling Order was filed in error and should be disregarded. (DJP) |
Filing 102 Pennington County's ANSWER to Complaint by Pennington County. (Mann, Rebecca) |
Filing 101 CERTIFICATE of Service by Joseph R. Flying Horse (SLT) |
Filing 100 NOTICE of Intent to File Interrogatories and Requests for Admission by Joseph R. Flying Horse. (SLT) |
Filing 99 REQUEST for Discovery by Plaintiff Joseph R. Flying Horse (SLT) |
Filing 98 MOTION to Extend Time Frames in Scheduling Order by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 2-2-2018)(SLT) |
Filing 97 Summons Issued as to Kenneth Albers, Fitzhugh, Tim Gross, Melissa Maturan, Kay Nikolas, JC Smith, Cathy Solma, Amber Stevens, Hunter Summers, Patricia White Horse-Cards, Paige Wilbur Bock. 11 original summons, 1 A085s, and one Rule 73 memo, #1 , #59 , #60 , #90 delivered to US Marshal Service in Rapid City via electronic delivery. (SRC) Modified on 3/29/2018 (SRC). |
Filing 96 Summons Issued as to Jennifer Argueta, Mary Burggraaf, Stacy Cole, Ashley McDonald, Mark Smith, South Dakota Board of Pardons and Paroles, South Dakota Department of Corrections, Kayla Stucky. 8 original summons, 1 A085s, and one Rule 73 memo, #1 , #59 , #60 , #90 delivered to US Marshal Service in Rapid City via electronic delivery. (SRC) Modified on 3/29/2018 (SRC). |
Filing 95 ORDER granting #94 Motion to Stay. Signed by U.S. District Judge Karen E. Schreier on 1/31/18. (DJP) |
Filing 94 MOTION to Stay Pending Appeal by Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young. (Tronvold, Jeffery) |
Filing 93 Appeal Briefing Schedule Order for #86 Notice of Appeal - Interlocutory filed by Joseph R. Flying Horse. (TAL) |
Filing 92 ORDER granting Motion to Proceed on Appeal Without Prepayment of Fees. Signed by U.S. District Judge Karen E. Schreier on 1/18/2018. (JLS) |
Filing 91 Service LETTER with enclosed sample summons and USM285, blank summons, blank usm285,and #90 Order sent by Clerk's Office to Joseph R. Flying Horse. (JLS) |
Filing 90 ORDER granting in part Motion to Amend Complaint and Directing Service. Signed by U.S. District Judge Karen E. Schreier on 1/18/2018. (JLS) |
TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #92 Order, #90 Order on Motion to Amend/Correct, #91 Letter Sent. (JLS) |
Filing 89 ORDER of Limited Remand from USCA remanding this case to district court for the limited purpose of determining appellants IFP status and assessing the appellate filing fees as to #86 Notice of Appeal - Interlocutory filed by Joseph R. Flying Horse (TAL) |
Filing 88 USCA Case Number for #86 Notice of Appeal - Interlocutory filed by Joseph R. Flying Horse. USCA Case Number: 18-1118. (TAL) |
Filing 87 TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #86 Notice of Appeal - Interlocutory. (JLS) |
Filing 86 NOTICE OF INTERLOCUTORY APPEAL as to #84 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion to Extend, Order on Motion to Strike, Order on Motion for Sanctions, by Joseph R. Flying Horse. (Attachments: #1 Motion for Preliminary Injunction signed 12-2-16, #2 Motion for Nunc Pro Tunc Preliminary Injunction Order Actus Curiae Neminem Gravabit signed 7-11-17, #3 Memorandum in Support of Motion for Nunc Pro Tunc Preliminary Injunction Order signed 7-20-17, #4 Request for Judicial Notice signed 11-15-17, #5 Petition for Rehearing signed 11-15-17, #6 Outer Envelope from Court of Appeals postmarked 1-9-18, #7 Inner Envelope from Joseph Flying Horse postmarked 1-4-18)(JLS) |
Filing 85 NOTICE of Change of Address by Joseph R. Flying Horse (Attachments: #1 Envelope postmarked 1/2/18)(DJP) |
Filing 84 ORDER denying #29 Motion for preliminary injunction nunc pro tunc; denying #37 Motion; denying #45 Motion for Summary Judgment; denying #45 Motion for Partial Summary Judgment; denying in part and granting #48 Motion to Extend ; denying #67 Motion to Strike ; denying #68 Motion for Sanctions; denying #74 Motion to Strike; overruling #72 objection to the clerk's denial of default. Signed by U.S. District Judge Karen E. Schreier on 12/27/17. (DJP) |
Filing 83 ORDER granting #79 Motion to Extend time to file Flying Horse's reply brief for good cause shown. Signed by U.S. District Judge Karen E. Schreier on December 22, 2017. (Schreier, Karen) |
Filing 82 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (SLW) |
Filing 81 AFFIDAVIT in Support re #67 MOTION to Strike filed by Joseph R. Flying Horse. (SLW) |
Filing 80 REPLY to Motion Response re #67 MOTION to Strike filed by Joseph R. Flying Horse. (SLW) (Additional attachment(s) added on 12/1/2017: #1 Attachment - Envelope) (SLW). |
Filing 79 MOTION to Extend by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 11/28/17)(SLW) |
Filing 78 Request for Judicial Notice by Joseph R. Flying Horse. (Attachments: #1 Petition for Rehearing, #2 Parole Violation and/or Suspended Sentence Violation, #3 SD DOC Policy - CTP Overview (page 3 of 22), #4 Envelope postmarked 11-15-17)(JLS) |
Filing 77 RESPONSE to Motion re #67 MOTION to Strike, #68 MOTION for Sanctions and Motion for Extension of Time filed by Pennington County. (Mann, Rebecca) |
Filing 76 (FILED IN ERROR) RESPONSE to Motion re #67 MOTION to Strike, #68 MOTION for Sanctions and Motion for Extension of Time filed by Pennington County. (Mann, Rebecca) Modified on 11/7/2017 (SLT). |
Filing 75 REPLY to Motion Response re #67 MOTION to Strike filed by Joseph R. Flying Horse. (Attachments: #1 Attachment - envelope, #2 Envelope postmarked 11/3/17)(SLW) |
NOTICE of Filing Error: #76 Response to Motion was filed in error and should be disregarded. (Mann, Rebecca) |
Filing 74 MOTION to Strike #71 Response to Motion by Joseph R. Flying Horse. (SLW) |
Filing 73 NOTICE of Appearance and Change of Address by Joseph R. Flying Horse (Attachments: #1 Envelope postmarked 11/2/17)(SLW) |
Filing 72 OBJECTION by Plaintiff Joseph R. Flying Horse re #66 Clerk's Denial of Entry of Default. (Attachments: #1 Envelope postmarked 10-24-17) (JLS) |
Filing 71 RESPONSE to Motion re #59 MOTION to Amend/Correct #9 Complaint - Prisoner Civil Rights (42:1983),,,,, filed by Pennington County. (Mann, Rebecca) |
Filing 70 RESPONSE to #67 Motion to Strike, filed by Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young. (Tronvold, Jeffery) |
Filing 69 REPLY to Motion Response re #45 MOTION for Summary Judgment MOTION for Partial Summary Judgment filed by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 10/13/17)(SLW) |
Filing 68 MOTION for Sanctions by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 10/12/17)(DJP) |
Filing 67 MOTION to Strike #53 Objection, #54 Memorandum, #55 Affidavit of James Hansen, #56 Statement of Disputed Facts, #49 Response, and #50 Response by Joseph R. Flying Horse. (Attachments: #1 Ex 1 - Envelope postmarked 9/21/1y, #2 Exhibit 2 - Envelope postmarked 9/25/17)(DJP) |
Filing 66 Clerk's DENIAL of Default as to Pennington County. (TAL) |
Filing 65 MOTION for Entry of Default by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 10/10/17)(DJP) |
Filing 64 ORDER granting #63 Motion to Extend Deadlines. Plaintiff may serve and file a reply brief by 10/12/2017. Signed by U.S. District Judge Karen E. Schreier on 10/12/2017. (JLS) |
Filing 63 MOTION to Extend Deadlines by Joseph R. Flying Horse. (Attachments: #1 Ex 1 - copy of envelope, #2 Ex 2 - copy of envelope, #3 Envelope postmarked October 5, 2017)(DJP) |
Filing 62 CERTIFICATE OF SERVICE by Joseph R. Flying Horse re #61 Objection, #60 MOTION to Amend/Correct #27 Memorandum Opinion and Order (JLS) |
Filing 61 OBJECTION by Plaintiff Joseph R. Flying Horse re #27 Memorandum Opinion and Order (JLS) |
Filing 60 MOTION to Amend/Correct #27 Memorandum Opinion and Order by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 10-3-17)(JLS) |
Filing 59 MOTION to Supplement Complaint and to Join Additional Parties re #9 Complaint - Prisoner Civil Rights (42:1983) by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 9/29/17)(SLW) |
Filing 58 SUPPLEMENT by Plaintiff Joseph R. Flying Horse re #9 Complaint - Prisoner Civil Rights (42:1983). (Attachments: #1 Envelope postmarked 9-28-17, #2 Ex 27 Motion to Dismiss Parole Violation Warrant 2006-20441, #3 App 1 No. 16-3177 Motion and Affidavit for Release, #4 Ex 1 Kite dated 7-15-16, #5 Ex 2 Kite dated 7-17-16, #6 Ex 3 SD DOC Policy 1.5.G.8 Parole Services-Detainers and Arrest on Violation, #7 Ex 4 Kite dated 6-14-16, #8 Ex 5 Kite dated 6-15-16, #9 Ex 6 Mission Statement, Vision, Values, Introduction, #10 Ex 7 Letter from Pennington County Clker of Courts to Flying Horse, #11 Ex 8 Kite dated 8-31-16, #12 Ex 9 16-3177 Notice of Docket Activity 9-7-16, #13 App 2 16-3177 Notice of Docket Activity 9-7-16, #14 App 3 Envelope postmarked 8-24-16 to Flying Horse from Pennington County Clerk of Courts, #15 App 4 Kite dated 8-31-16, #16 App 5 CTP Self Commitment, #17 App 6 Constitutional Rights - Preliminary Hearing Notice Waiver, #18 App 7 Kite dated 9-16-16, #19 App 8 Case 16-4119 Doc 5 Order, #20 App 9 re Convictions Pending Charges, #21 App 10 RC Police Report dated 5-17-16, #22 Ex 28 Probable Cause Hearing Findings, #23 Ex 29 Kite dated 10-6-16, #24 Ex 30 Kite dated 10-9-16 and Letters, #25 Ex 31 Notice of Board Hearing dated 10-12-16, #26 Ex 32 Parole Violating Revocation Hearing 10-17-16, #27 Ex 33 Disciplinary Report dated 10-18-16, #28 Ex 34 Disciplinary Report dated 10-19-16, #29 Ex 35 Notice of Parole Hearing Results, #30 Ex 36 Disciplinary Report dated 11-02-16, #31 Ex 37 Letter to Attorney Salberg from Flying Horse dated 11-4-16, #32 Ex 38 Letter to Attorney Salberg from Flying Horse dated 11-14-16, #33 Ex 39 IR Request dated 11-18-16, #34 Ex 40 IR Response dated 11-18-16, #35 Ex 41 IRR dated 11-22-16, #36 Ex 42 IR Request dated 11-22-16, #37 Ex 43 IR Response dated 12-05-16, #38 Ex 44 Letter to Board of Pardons and Paroles from Flying Horse, #39 Ex 1 Letter from Pennington County Clerk of Courts to Flying Horse 8-24-16, #40 Ex 45 Request for Admin Remedy dated 12-9-16, #41 Ex 46 Parole Violation Hearing 12-12-16, #42 Ex 47 Admin Remedy Response dated 12-13-16, #43 Ex 48 Appeal to Secretary of Corrections dated 12-15-16, #44 Ex 49 Notice of Parole Hearing Results dated 12-12-16, #45 Ex 50 Appeal to Secretary of Corrections dated 12-18-16, #46 Ex 51 Disciplinary Report dated 12-29-16, #47 Ex 52 Request for Appeal of Admin Remedy Notice of Rejection dated 1-4-17, #48 Ex 53 Request for Appeal of Admin Remedy Notice of Rejection dated 1-4-17, #49 Ex 54 Parole Violation Revocation Hearing 1-9-17, #50 Ex 55 Letter from Flying Horse to Board of Pardons and Paroles dated 1-9-17, #51 Ex 56 Parole Violation Information, #52 Ex 57 Parole Violation Hearing 1-11-17, #53 Ex 58 Notice of Parole Hearing Results dated 1-11-17, #54 Ex 59 Record Search Report docket 51C09002789A0, #55 Ex 60 Disciplinary Report dated 3-12-17, #56 Ex 61 Disciplinary Hearing Officer Findings dated 3-15-17, #57 Ex 62 IR Request dated 3-28-17, #58 Ex 63 IR Response dated 4-3-17, #59 Ex 64 Request for Admin Remedy dated 4-5-17, #60 Ex 65 Notice of Rejection of Request for Admin Remedy dated 4-6-17, #61 Ex 66 Appeal to Secretary of Corrections dated 4-17-17, #62 Ex 67 Request for Appeal of Admin Remedy dated 5-9-17, #63 Ex 68 Kite dated 5-10-17, #64 Ex 69 IR Request dated 5-15-17, #65 Ex 70 Certificate of Service, #66 Ex 71 IR Response dated 5-22-17, #67 Ex 72 Request for Admin Remedy dated 5-24-17, #68 Ex 73 Disciplinary Report dated 6-2-17, #69 Ex 74 Disciplinary Hearing Officer Findings dated 6-12-17, #70 Ex 75 Kite Request dated 6-29-17, #71 Ex 76 IR Request dated 6-30-17, #72 Ex 77 IR Request dated 6-30-17, #73 Ex 78 Kite dated 7-4-17, #74 Ex 79 Kite dated 7-9-17, #75 Ex 80 IR Response dated 7-11-17, #76 Ex 81 Request for Admin Remedy dated 7-14-17, #77 Ex 82 IR Request dated 7-28-17, #78 Ex 83 - Admin Remedy Response dated 8-1-17, #79 Ex 84 Appeal to Secretary of Corrections dated 8-8-17, #80 Ex 85 Memo dated 8-17-17 signed by Kaemingk) (JLS) |
Filing 57 NOTICE of Plaintiff's Withdrawal of Intent to File Responses by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 9-25-17)(JLS) |
Filing 56 STATEMENT OF DISPUTED MATERIAL FACTS re #53 Objection to #45 MOTION for Summary Judgment, by Defendants Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Dismissal File No. 16-2278, #3 Exhibit 3 - Criminal Docket for Case # 16-cr-50076-JLV, #4 Exhibit 4 - General Docket Eighth Circuit Court of Appeals #16-3177, #5 Exhibit 5 - Judge Mandel letter dated January 12, 2017, #6 Exhibit 6 - Dismissal, United States Court of Appeals RE 17-1155) (Tronvold, Jeffery) Modified on 9/26/2017 (SLT). |
Filing 55 AFFIDAVIT of James Hansen re #53 Objection to #45 MOTION for Summary Judgment, . (Attachments: #1 Exhibit 1 - Parole Services--Detainers and Arrest on Violation) (Tronvold, Jeffery) Modified on 9/26/2017 (SLT). |
Filing 54 MEMORANDUM IN SUPPORT of #53 Objection re #45 MOTION for Summary Judgment by Defendants Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young , (Tronvold, Jeffery) Modified on 9/26/2017 (SLT). |
Filing 53 OBJECTION by Defendants Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young re #45 MOTION for Summary Judgment MOTION for Partial Summary Judgment (Tronvold, Jeffery) |
Filing 52 ORDER granting #51 Motion to Extend Deadlines. Discovery due by 2/12/2018. Motions due by 3/27/2018. Signed by U.S. District Judge Karen E. Schreier on 9/22/2017. (JLS) |
Filing 51 MOTION to Extend Deadlines by Joseph R. Flying Horse. (Attachments: #1 Letter from Vincent Moccio, #2 Envelope postmarked 9/21/17)(SLW) |
Filing 50 RESPONSE to #45 Motion for Summary Judgment,, Motion for Partial Summary Judgment, Statement of Material Facts filed by Pennington County. (Mann, Rebecca) |
Filing 49 RESPONSE to Motion re #45 MOTION for Summary Judgment MOTION for Partial Summary Judgment filed by Pennington County. (Attachments: #1 Exhibit 1 - Notice of Removal, #2 Exhibit 2 - Notice of Appeal, #3 Exhibit 3 - Motion and Affidavit For Release, #4 Exhibit 4- Notice to Plead, #5 Exhibit 5 - Motion for Summary Judgment, #6 Exhibit 6- Judgment)(Mann, Rebecca) |
Filing 48 MOTION and Affidavit for Extension of Time by Joseph R. Flying Horse. (Attachments: #1 Exhibits 1 and 2 - Kites, #2 Envelope postmarked 9/4/17)(SLW) (Main Document 48 replaced on 9/6/2017) (SLW). |
Filing 47 CERTIFICATE OF SERVICE by Joseph R. Flying Horse (DJP) |
Filing 46 NOTICE OF PLAINTIFF'S INTENT TO FILE RESPONSE TO DEFENDANTS' ANSWER(S) by Joseph R. Flying Horse. (DJP) |
Filing 45 MOTION for Summary Judgment, MOTION for Partial Summary Judgment by Joseph R. Flying Horse. (Attachments: #1 Ex 1 - Pro Se Notice of Docket Activity, #2 Ex 2 - Motion and Affidavit for Release, #3 Ex 3 - Pro Se Notice of Docket Activity, #4 Ex 4 - Notice to Plead, #5 Envelope postmarked 8/29/17)(DJP) |
Filing 44 NOTICE of Change of Address by Joseph R. Flying Horse (Attachments: #1 Envelope postmarked August 25, 2017)(DJP) |
Filing 43 ANSWER to Complaint with Jury Demand by Pennington County. (Mann, Rebecca) |
Filing 42 SCHEDULING ORDER: Discovery due by 12/12/2017 Motions due by 1/26/2018. Signed by U.S. District Judge Karen E. Schreier on 8/14/17. (SLW) |
Filing 41 ANSWER to Complaint with Jury Demand by Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young. (Tronvold, Jeffery) |
Filing 40 NOTICE of Appearance by Jeffery J. Tronvold on behalf of Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Troy Ponto, Miranda Ward, Darin Young. (Tronvold, Jeffery) |
Filing 39 CERTIFICATE OF SERVICE by Joseph R. Flying Horse re #37 MOTION for Permission to File Pleadings, #38 Affidavit in Support of Motion (JLS) |
Filing 38 AFFIDAVIT in Support re #37 MOTION for Permission to File Pleadings filed by Joseph R. Flying Horse. (JLS) |
Filing 37 MOTION for Permission to File Pleadings by Joseph R. Flying Horse. (Attachments: #1 Attachment - Post it note signed by Linda, #2 Envelope Postmarked 8-9-17)(JLS) |
Filing 36 SUMMONS Returned Executed by Joseph R. Flying Horse. Denny Kaemingk served on 8/3/2017, answer due 8/24/2017. (JLS) |
Filing 35 NOTICE by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 8/4/17)(SLW) |
Filing 34 SUMMONS Returned Executed by Joseph R. Flying Horse. James Hansen served on 7/27/2017, answer due 8/17/2017; Pennington County served on 7/27/2017, answer due 8/17/2017. (DJP) |
Filing 33 MANDATE from 8th Circuit COA affirming in part, reversing in part and remanding the decision of the District Court as to #18 Notice of Appeal, filed by Joseph R. Flying Horse (TAL) |
Filing 32 MEMORANDUM in Support re #29 MOTION for Nunc Pro Tunc Perliminary Injuction Order Actus Curiae Neminem Gravabit filed by Joseph R. Flying Horse. (Attachments: #1 Envelope Postmarked 7-21-17)(JLS) |
Filing 31 SUMMONS Returned Executed by Joseph R. Flying Horse. Krista Bast served on 7/21/2017, answer due 8/11/2017; Darik Beiber served on 7/21/2017, answer due 8/11/2017; Doug Clark served on 7/21/2017, answer due 8/11/2017; Riley DeGroot served on 7/21/2017, answer due 8/11/2017; Seth Hughes served on 7/21/2017, answer due 8/11/2017; Val McGovern served on 7/21/2017, answer due 8/11/2017; Troy Ponto served on 7/21/2017, answer due 8/11/2017; Miranda Ward served on 7/21/2017, answer due 8/11/2017; Darin Young served on 7/21/2017, answer due 8/11/2017. (JLS) |
Filing 30 Summons Issued as to Krista Bast, Darik Beiber, Doug Clark, Riley DeGroot, James Hansen, Seth Hughes, Denny Kaemingk, Val McGovern, Pennington County, Troy Ponto, Miranda Ward, Darin Young. 12 original summons, 12 true copies of summons, 12 USM 285s and 13 of the following docs: #9 Amended Complaint and #27 Order, delivered to USMS via hand-delivery. (JLS) (Additional attachment(s) added on 7/20/2017: #1 Envelope Postmarked 7-18-17) (JLS). |
Filing 29 MOTION for Nunc Pro Tunc Perliminary Injuction Order Actus Curiae Neminem Gravabit by Joseph R. Flying Horse. (Attachments: #1 Exhibit 1 - Board of Pardons and Paroles documents, #2 Exhibit 2 - 2017 U.S. App. LEXIS 11168, #3 Envelope Postmarked 7-12-17)(JLS) |
Filing 28 Service LETTER with enclosed Doc. 27, blank Summons and USM 285 forms, sample Summons and USM 285 forms, and AO85 form sent by Clerk's Office to Plaintiff. (DJP) |
Filing 27 ORDER DISMISSING COMPLAINT IN PART AND DIRECTING SERVICE. Signed by U.S. District Judge Karen E. Schreier on 7/13/17. (DJP) |
Filing 26 JUDGMENT of USCA affirming in part, reversing in part, and remanding as to #18 Notice of Appeal, filed by Joseph R. Flying Horse (TAL) |
Filing 25 PER CURIAM OPINION of USCA as to #18 Notice of Appeal, filed by Joseph R. Flying Horse (TAL) |
Filing 24 Memorandum of Law in Support of Notice of Appeal by Plaintiff Joseph R. Flying Horse re #18 Notice of Appeal. (Attachments: #1 Envelope Postmarked 2-7-17) (JLS) |
TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re #24 Memorandum of Law in Support of Notice of Appeal. (JLS) |
Filing 23 USCA Case Number and Appeal Briefing Schedule Order for #18 Notice of Appeal, filed by Joseph R. Flying Horse. USCA Case Number: 17-1253. (TAL) |
Filing 22 TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #18 Notice of Appeal, (SLW) |
Filing 21 ORDER granting #19 Motion for Leave to Proceed in forma pauperis. Signed by U.S. District Judge Karen E. Schreier on 2/1/17. (SLW) |
Filing 20 PRISONER Trust Account Report (JLS) |
Filing 19 MOTION for Leave to Proceed in forma pauperis on Appeal by Joseph R. Flying Horse. (Attachments: #1 Cover Letter dated 1-27-17, #2 Envelope Postmarked 1-30-17)(JLS) |
Filing 18 NOTICE OF APPEAL as to #15 Judgment, #17 Order on Motion for Reconsideration, #14 Order by Joseph R. Flying Horse. (Attachments: #1 Ex 1 - Doc. 14 Order Dismissing Complaint, #2 Ex 2 - Doc. 15 Judgment, #3 Ex 3 Doc. 17 Order Denying Rule 60 Motion, #4 Envelope postmarked January 13, 2017)(DJP) |
Filing 17 ORDER denying #16 Rule 60 Motion. Signed by U.S. District Judge Karen E. Schreier on 12/27/2016. (JLS) |
Filing 16 Rule 60 MOTION by Joseph R. Flying Horse. (Attachments: #1 16-3177 Judgment, #2 16-50073 Notice of Appeal, #3 16-3177 Merits Brief, #4 Record Search, #5 Bank Statement, #6 Envelope postmarked 12/20/16)(SLW) |
Filing 15 JUDGMENT Signed by U.S. District Judge Karen E. Schreier on 12/15/16. (DJP) |
Filing 14 ORDER dismissing #9 Complaint for failure to state a claim; denying as moot #8 Motion to Extend; denying as moot #9 Motion to Appoint Counsel; denying as moot #11 Motion for Default Judgment; denying as moot #11 Motion for Summary Judgment; denying as moot #13 Motion for Preliminary Injunction. This action constitutes the first strike against Flying Horse for purposes of the three-strike rule under 28 U.S.C. 1915(g). Signed by U.S. District Judge Karen E. Schreier on 12/15/16. (DJP) |
Filing 13 MOTION for Preliminary Injunction by Joseph R. Flying Horse. (Attachments: #1 Ex 26, #2 Envelope postmarked December 6, 2016)(DJP) |
Filing 12 LETTER Received from Plaintiff to Clerk of Courts. (Attachments: #1 December 6, 2016) (DJP) |
Filing 11 MOTION for Default Judgment, MOTION for Summary Judgment by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked December 6, 2016)(DJP) |
Filing 10 SUPPLEMENT by Plaintiff Joseph R. Flying Horse re #9 Complaint - Prisoner Civil Rights (42:1983) (Exhibits 25 and 26) (Attachments: #1 Envelope postmarked November 10, 2016) (DJP) |
Filing 9 FIRST AMENDED COMPLAINT pursuant to 42:1983 - Prisoner Civil Rights with Jury Demand, filed by Joseph R. Flying Horse. (Attachments: #1 Ex 1 - Record Search Report printed 8-24-16, #2 Ex 2 - Kite Request dated 6-14-16, #3 Ex 3 - Kite Request dated 6-15-16, #4 Ex 4 - SD DOC Policy 4.5.G.8 Parole Services-Detainers and Arrest on Violation, #5 Ex 5 - Kite Request dated 6-21-16, #6 Ex 6 - SD DOC Disciplinary Report printed 7-9-16, #7 Ex 7 - Kite Request dated 7-15-16, #8 Ex 8 - Kite Request dated 7-17-16, #9 Ex 9 - CTP Self Commitment dated 9-9-16, #10 Ex 10 - Env PM 8-24-16 from Pennington County Clerk of Courts, #11 Ex 11 - Letter dated 8-24-16 from Pennington County Clerk of Courts to Flying Horse, #12 Ex 12 - Kite Request dated 8-31-16, #13 Ex 13 SD DOC Disciplinary Report printed 9-1-16, #14 Ex 14 - SD DOC Disciplinary Report printed 9-12-16, #15 Ex 15 - Constitutional Rights Perliminary Hearing Notice Waiver dated 9-15-16, #16 Ex 16 - Kite Request dated 9-16-16, #17 Ex 17 PPVP1, #18 Ex 18 - page 3 from SD DOC Handbook, #19 Ex 19 - PPVP2, #20 Ex 20 - Parole Standard Supervision Agreement, #21 Ex 21 - Violation Report dated 9-14-16, #22 (Sealed) Ex 22 - Report dated 5-27-16, #23 Ex 23 - Kite Request dated 9-28-16, #24 Ex 24 - Handwritten notes, #25 Envelope Postmarked 11-4-16) (Exhibit 22 is sealed pursuant to E-Government Act) (JLS) |
MOTION to Appoint Counsel (page 39 #78(i) of #9 Complaint) by Joseph R. Flying Horse. (JLS) |
Filing 8 MOTION to Extend Time to File Complaint by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 11/2/16)(SLW) (Attachment 1 replaced on 11/3/2016) (SLW). |
Filing 7 ORDER granting #6 Motion to Extend. Flying Horse shall file his complaint by November 3, 2016. If he fails to file a complaint, his action will be dismissed without further notice. Signed by U.S. District Judge Karen E. Schreier on 9/26/16. (DJP) |
Filing 6 MOTION for Extension of Time by Joseph R. Flying Horse. (Attachments: #1 Attachment - Notice of Docket Activity, #2 Envelope Postmarked 9-22-16)(JLS) |
Filing 5 ORDER granting #2 Motion for Leave to Proceed in forma pauperis and Directing Plaintiff to File a Complaint. Signed by U.S. District Judge Karen E. Schreier on 8/26/16. (SLW) |
Filing 4 New Case LETTER with enclosed docket sheet, 1983 instructions and complaint form sent by Clerk's Office to Joseph Flying Horse. (SLW) |
Filing 3 PRISONER Trust Account Report (SLW) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Joseph R. Flying Horse. (SLW) |
Filing 1 COMPLAINT pursuant to 42:1983 - Prisoner Civil Rights with Jury Demand, filed by Joseph R. Flying Horse. (Attachments: #1 Envelope postmarked 8/19/16) (SLW) |
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